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Home My WebLink About04-5744 AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0'1 - S'1'14 C!.iucL '--r~ v. LEE RICHWINE tld/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Lee Richwine t/d/b/a Richwine Home Improvement You are hereby notified that on I/)()( ) I.l. ' 2004, the following judgment has been entered against you in Cumberland County for the above-captioned matter: Judgment in the amount of $504.94 together with interest compounded monthly at the rate of 1.5%, from July 30, 2004, plus legal fees and costs to be determined. Date: 1l11(,1c>~ I hereby certify that the names and last known address of the proper person to receive this notice under Pa.R.Civ.P, 236 is: Lee Richwine tld/b/a Richwine Home Improvement 347 Stumpstown Road Mechanicsburg, PA 17055 By: Joh S, un rat, Esquire Attorn 107 as Street Harri burg, PA 17102 (717) 232-3755 Attorney for Plaintiff Dated: November ,2004 n ~ :,. ~ .. , r" .-4 '. ,......) ~~ c:';'".) ..r:- o ,'1 ::""1 rllr"';; -~11 T1 -he! (}~ :":1 (') ell ....,~ .....!,..- (:~) ~ c-, -n Ul Ul Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. C>4- ~71.fL{ c.,'uJ.., ~~ -' AMERICAN ALUMINUM & INSULATION CO., INC. v. LEE RICHWINE tld/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, JOHN S. KUNDRAT, ESQUIRE, hereby certifies that the precise residence of Plaintiff is: American Aluminum & Insulation Co., Inc. P.O. Box 710 Middletown, PA 17057 And certify that the last known address of the within Defendant is: Lee Richwine tld/b/a Richwine Home Improvement 347 Stumpstown Road Mechanicsburg, PA 17055 Respectfully submitted, KUNDRAT & ASSOCIATES BY: .John . K orat, Esquire Attor ey ,No: 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Dated: November ,2004 .... c) ~ c) c:::-:.> C' 4.:_~:") -n ,- ...." ,. ...',"- --\ , : (:::) :r:: -11 ...c: I 1'1 f'''' -I'; '1'"'1; -,-, (:) a~ ( t /"', '. ~:7) -n :~) '. ) ;.:::~ j'i'l .c' ; . - . pO' :~~ (..11 ::0 CJ'l -,< OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, PA 17101 (717) 255-2697 QIountu of ~aup4in CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY. PENNSYLVANIA (1m. Olwm~wrrL cf- J:nJ,~ctti:mt, ~'r ~ntr. PLAINTIFF : DISTRICT JUSTICE DOCKET NUMBER L v- OO(X)!l6{- Ot{ V. () ~hu.)/mt) -Id.ba.. . t~A.lJJ; ~ cf/omo. .Jirr,p. DEFENDANT As of the date certified below, the following action has been taken on the above- referenced appeal: ~ There has been no appeal taken to the Court of Common Pleas ( ) The following party has taken an appeal to the Court of Common Pleas: NOV 08 2(IM. f\ C!-. +4 aAinto) \ Date Qte hen E. F~rina, Prothonotary ~ 10-1 mO>>-Jl.Q/1 By eputy V Y 1 ~ Proth. - 75 JrJ Jt0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN l \9 0- a-l (LP) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE · PLAINTIFF: NAME and AOORE:;S rAM. ALUMINUM & INSULATION CO.. INC"J 150 FULLING MILL RD MIDDLETOWN. PA 17057 L ~ Mag. OTst No. 12-2-01 DJ Name. Hon. BOB YANICH Address. 1281 S. 28th Street Harrisburg, PA VS. Telephone. (717) 558 -1160 17111- 0000 DEFENDANT: NAME and ADDRESS fLEE RICHWINE TDBA RICHWINE HOME IMP 347 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 L ~ Docket No.: CV- 0000381- 04 Date Filed: 8/13/04 ATTORNEY FOR PLAINTIFF : JOHN S. KUNDRAT, ESQUIRE 107 BOAS STREET HARRISBURG, PA 17102 1ft l~ It THIS IS TO NOTIFY YOU THAT: Judgment: nRFAUT.T JUnGMRNT PT.TF [i] 00 Judgment was entered for: (Name) Alof. ~T.TJMTN{1M &- TNS{TT.J\'t'T{'I~ CO - , Judgment was entered against: (Name) T .RR RT~HWTNF. TnRA RT~HWTNR HOMR TMP in the amount of $ (Date of Judgment) 10/04/04 ~04 _ Q4 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment $ 419.44 Judgment Costs $ 85.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 504.94 Post Judgment Credits $ Post Judgment Costs $ D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ , District Justice 10}lf D~ Date I certify that this is a true and correct co y of the record of the proceedings containing the judgment. II I if I of Date ~~ , District Justice My commission expires first Monday of January, 2006 , Aope315.03 DATE PRINTED, 10104/04,.",:~~~ ._," SEAL t1( ft ~ is. - ~ ~ r' ~ ~ ~ k~ J (") ,......., ~;:; <=.::I 0 c:> ..r:- ., 2:: F~ z ~ C) I -. -::: r,,;:::: .' -ofT" ~~c, en :':J <}J O. " ::.r:l~? 5i ~~3 :it (~ -d -c;: ( -::; CSrn ;;.:: ::--1 -.; U"I :i3 -<. U1 -< PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) Pa.R.C.P. 3101 TO 3149 AMERICAN ALUMINUM & INSULATION CO., INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Writ No. 04-5744 vs. Amount Due $ 504.94 Interest At rate of 1.5% per month from Julv 30, 2004. LEE RICHWINE Ud/b/a RICHWINE HOME IMPROVEMENT, Defendants. Atty's Comm. To Be Determined and Costs To Be Determined TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE AB VE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against, Defendant(s); (3) and against Garnishee(s (4) and index this writ (a) against Lee Richwine Ud/b/a Richwine Home Improvement, Defendant(s) 347 Stumpstown Road Mechanicsburg, PA 17055 (b) against Garnishee( ) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee( ) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies of eal estate levy) Please levy upon the personal property located at: 347 Stumpstown Road Mechanicsburg, PA 17055 Dated: April ,2005 (5) Exemption has (nol) been waived. John. drat Attorney or Plaintiff 107 Boas Street Harrisburg. PA 17102 (717) 232-3755 G f>. .......\ (") ~ \i I''f .l4. ~ - lr) Q o \) rt? ~h 6=- VJ ~r (l \' ~ t 8 V\ ~- L , vJ L -{,q. VJ II ...:::z tr) " -.....:,. ~-:C;; VI '1_ Q C If) () \ ~-J :: l P-- t<:JD - : fit- - '1-f--L r-> o "'" c-:-- '3~ ~ .-< ~.J :r:-11 rn? ?J -::.~l tJ. - ~,'~y' oJ \:~\ ~)~ -0 r')-::':'; .-,,,~. ::-:... () :~)'tr; 8 ..~~ en .~ N TO THE SHERIFF OF CUMBERLAND COUNTY: There will be placed in your hands for services a Writ of Execution as follows: AMERICAN ALUMINUM & INSULATION CO.. INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5744 v. LEE RICHWINE tld/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION - LAW WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under within writ may leav same without a watchman, in custody of whomever is found in possession, after notifying p rson of such levy or attachment, with liability on the part of such deputy or the Sheriff to any plain iff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereo . John Att n PI'i I 4958 107 Boas Street Harrisburg, Pa 17102 (717) 232-3755 Date: April ,2005 AMERICAN ALUMINUM & INSULATION CO., INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04.5744 v. LEE RICHWINE tJd/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION. LAW WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may ave legal rights to prevent your property from being taken. A lawyer can advise you more specif cally of these rights. If you wish to exercise your rights. you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a Debtor's Exemption of $300.00. There are olher exemptions which ma be applicable to you. A summary of some of the major exemptions follows: You may have oth r exemptions or rights. If you have an exemption, you should do the following promptly: (I) fill out the attach d claim form and demand for a prompt hearing; and (2) deliver the form or mail it to the Sherif s Office at the address noted. You should come to Court ready to explain your exemption. If you do not come to C urt and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP York County Lawyer Referral Service 137 East Market Street York, PA 17401 (717) 854-8755 AMERICAN ALUMINUM & INSULATION CO., INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5744 v. LEE RICHWINE tJd/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION - LAW CLAIM FOR EXEMPTION TO THE SHERIFF OF CUMBERLAND COUNTY: I. the above-name Defendant, claim exemption of property from levy or atlachment: a. From my personal property in my possession which has been levied upon: i. I desire thai my $300.00 statutory exemption be: set aside in kind (specify property to be set aside in) ii. paid in cash following the sale of property levied upon iii. I claim the following exemption (specify property and b sis of exemption) 2. From my property which is in the possession of a third party, I claim the folio ing exemptions: i. My $300.00 statutory exemption: in cash in kind (specify property) ii. Social Security benefits on deposit in the amount of $ Iii. Other (specify amount and basis of exemption) I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at 347 Stumpstown Road. Mechanicsburq. PA 17055 (Address) N/A (Telephone) I verify that the statements made in this Claim for Exemption are true and correct. I unders nd that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. Dated: April ,2005 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW: 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation. 4. Social Security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. ADDITIONALLY, YOU HAVE THE RIGHT TO FILE A MOTION TO OPEN OR STR KE THE JUDGMENT, AND TO DO SO YOU OR YOUR ATTORNEY MUST FILE A MOTION ITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. ADDITIONALLY, YOU HAVE THE RIGHT TO SET ASIDE THE SALE OF YOUR PROPERTY IF THE SALE PRICE IS GROSSLY INADEQUATE, AND TO DO SO YOU 0 YOUR ATTORNEY MUST FILE A MOTION WITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. AMERICAN ALUMINUM & INSULATION CO., INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANI Plaintiff : No. 04.5744 v. LEE RICHWINE tld/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION. LAW CERTIFICATE OF RESIDENCE PARC.P.236 I, John S. Kundrat, Esquire, hereby certify that the precise residence of Plaintiff is: American Aluminum & Insulation Co., Inc. 150 Fulling Mill Road Middletown, PA 17057 And certify lhat the lasl known address of lhe wilhin Defendant is: Lee Richwine tJd/b/a Richwine Home Improvement, Defendant(s) 347 Stumpstown Road Mechanicsburg, PA 17055 Respectfully submitted, John . Kundrat, Esquire Attor ey for Plaintiff PA 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Dated: April ,2005 AMERICAN ALUMINUM & INSULATION CO., INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5744 v. LEE RICHWINE tld/b/a RICHWINE HOME IMPROVEMENT Defendant : CIVIL ACTION - LAW WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PA To satisfy the judgment, interest and costs against the defendant(s) (1) You are directed to levy upon the property of the defendant(s) and to sell his, he (or their) interest therein; (2) You are also directed to attach the property of he defendant not levied upon in t e possession of Lee Richwine t/d/b/a Richwine Home Improvement, Defendant(s) 347 Stumpstown Road Mechanicsburg, PA 17055 as Garnishee(s) per the following property description: and to notify the Garnishee(s) that (a) An attachment has been issued; (b) The garnishee(s) is/are enjoined from paying out any debt to or for the a count of the defendant() and from delivering any property of the defendant(s) or therwise disposing thereof; (3) If property of the defendant not levied upon and subject to attachment is found i the possession of anyone other than the named garnishee(s), you are directed to notify them that ey have been added as a garnishee and are enjoined as above stated. COSTS: Prothonolary: $ Sheriff: $ Amounl Due: $_504.94 Interest from _July 30, 2004_ Total: $ Plus costs as per endorsement hereon. Agent/Deputy WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5744 Civil CIVIL ACTION ~ LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN ALUMINUM & INSULATION CO., IN c., Plaintiff (s) From LEE RICHWINE TIDIBIA RICHWINE HOME IMPROVEMENT, 347 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 (I) You are directed to levy upon the property of the defendant (.)and to sell LEVY UPON THE PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an anachment has been issued; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are direcled 10 notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $504.94 L.L. $.50 Interest AT RATE OF 1.5% PER MONTH FROM 7/30/04 Atty's Carom % Ally Paid $36.75 Plaintiff Paid Date: APRIL 18, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name JOHN S. KUNDRAT, ESQUIRE Address: 107 BOAS STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-232-3755 Supreme Court ID No. 24958 . g.. Tho~~s Kline, Sheriff, who being duly swom~CC?r.diWfto law, states . IS wnt IS relurned SATISFIED. nFcWc 0 c.S:~r:f;, \,i', ~ ..~.q)"~"~~':\ ," ~'\\:-I' .-, ~ \ ~herifrs Costs: IGG~ APR 20 A \0: LI ((~')' '-<<'" if ' ~~:::.u (. " ""< 'j ,~~::;. '_~.,f---':"> ~~,'::? ;/,:, " Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 10.10 .50 1.00 8.14 20.00 20.00 .74 78.48 Pd by Defendant Co -<: IS Sworn and Subscribed to before me p~,~~~~ R. Thomas Kline, Sheriff G\ewdl~ (iNd)b~~ Bv. Claudia A. Brewbaker , " ..,J this~dayof O..ur"'J- 2005 A.D. ~ f2 lJ.ufl4.1 iJ:/'f PRU HONOTARY , I:)D ck.. 5<> '1 off {2.v. / l ...,0&' DISTRIBUTION ATTORNEY John Kundrat WRIT NO, 2004-5744 Civil American Aluminum & Insulation, Co. -vs- Lee Richwine TID/B/A Richwine Home Improvement Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 504.94 75.80 36.75 $ 617.49 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected $ 18.00 10.10 .50 1.00 8.14 .74 20.00 20.00 DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 617.49 150.00 1.50 $ 78.48 $ 695.97 150.00 $ 845.97 So Answers: . r~~; R. Thomas Kline, Sheriff Byul ili1JJ ~ r:kwhal/